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Judiciary

Denying eligible deduction u/s. 11 of Income Tax Act on technical basis is unjustifiable

April 19, 2023 1518 Views 0 comment Print

ITAT Delhi held that eligible deduction under section 11 of the Income Tax Act cannot be denied merely on the basis of technicalities.

ITAT allows benefit of CBDT Instruction with regard to jewellery of grand-mother

April 19, 2023 942 Views 0 comment Print

Sharad Kumar Garg Vs ACIT (ITAT Delhi) It is seen from the record that the lower authorities have been disputing the factum of Will. It is also undisputed fact that in the Will there is no specific mention relating to weight and description of such jewellery which was being bequeathed by the testator. However, it […]

Deriving Arm’s Length Price without resorting to any prescribed method is unjustifiable

April 19, 2023 1647 Views 0 comment Print

ITAT Delhi held that deriving Arm’s Length Price without resorting to any method prescribed as per the Income Tax Rules is unjustifiable. Accordingly, TPO/ AO directed to determine Arm’s Length Price.

Raw material supplier cannot be implicated for clandestine removal of goods by buyer

April 19, 2023 795 Views 0 comment Print

The raw material supplier cannot be implicated for clandestine removal of the goods by the buyer of the raw material.

Scented Sweet Supari classifiable under sub-heading 080280

April 19, 2023 1962 Views 0 comment Print

Shreedhra Agro LLP Vs Commissioner of Customs (Delhi High Court) 1. The appellant has filed the present appeal impugning an order dated 22.06.2022 passed by the Customs Authority for Advance Rulings, New Delhi (hereafter ‘CAAR’) whereby the products proposed to be imported by the appellant being ‘Scented & Flavoured and Sweetened Supari’ are classified under […]

Kerala HC slams GST Dept for Seizure of Cash not forming part of stock

April 19, 2023 3501 Views 0 comment Print

Shabu George Vs State Tax Officer (Kerala High Court) CGST Act authorizes the seizure of things, including cash in appropriate cases, we do not think that the present is a case that called for a seizure of the cash found in the premises of the appellants at the time of the search. The power of […]

Expenditure incurred on the abandoned project allowable

April 19, 2023 1347 Views 0 comment Print

Gujarat State Fertilizers & Chemicals Ltd. Vs DCIT (ITAT Ahmedabad) It is evident from the same that the ITAT held that the claim of expenditure incurred by the assessee on the abandoned project, amounting to Rs.20.50 lakhs, was allowable to it subject to the assessee demonstrating the fact that it had incurred the expenditure itself, […]

Best judgment assessment – Assessing Officer must act honestly

April 19, 2023 2208 Views 0 comment Print

In best judgment assessment Assessing Officer must not act dishonestly or vindictively & honestly & fairly estimate proper assessment figure

Reasons recorded for reopening are to be examined on a standalone basis

April 19, 2023 1440 Views 0 comment Print

Reasons, as recorded for reopening reassessment, are to be examined on a standalone basis to determine validity of section 147 proceedings

HC reduces Pre-Deposit For Filing Appeal considering liquidity crunch

April 19, 2023 951 Views 0 comment Print

G.S. Promoters Pvt. Ltd Vs Commissioner Of Central Excise And CGST (Delhi High court) The petitioner has filed the present petition, inter alia, seeking waiver of pre-deposit of 7.5% of duty for maintaining an appeal against the order-in-original dated 26.11.2021, passed by the Commissioner, Adjudication, Central Tax, GST, Delhi East. Court is unable to accept that […]

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